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Griffith v. Wausau Business Insurance Co.3/4/2003
nsurer would have denied the plaintiffs' claim for UIM coverage even if the claim had been made at that later time).
.Here, we cannot say the trial court's decision to award prejudgment interest from the date of the accident is an abuse of discretion. The Supreme Court in Landis was concerned with the injustice that occurs when an insurer improperly denies benefits to which its insured is entitled. Landis at 341-342. Similarly, the trial court here was concerned with unfair prejudice to plaintiffs if Wausau was "rewarded" by not having to pay prejudgment interest for the period of time it refused to give its consent to release of the tortfeasor's payment, even though plaintiffs protected Wausau's subrogation rights during that time period.
.Accordingly, the trial court's decision to award prejudgment interest from the date of the accident was not an abuse of discretion. Wausau's second assignment of error is accordingly overruled.
.Having overruled Wausau's two assignments of error, we affirm the judgment of the trial court.
Judgment affirmed.
BOWMAN and LAZARUS, JJ., concur.
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